Enquiries and complaints about associations

Find out how to make an enquiry or lodge a complaint about an association in NSW

On this page

Check that an entity is registered as an incorporated association using the Associations Register

Make an enquiry

If you need clarification on information on our website, you can submit an online enquiry or call us. Fair Trading is unable to provide legal advice.

Make an online enquiry

Or phone 1800 502 042 between 8:30am to 5pm on Monday to Friday.

How we can help with a complaint

The role of Fair Trading is to ensure associations meet the requirements of the Associations Incorporation Act 2009. We only review complaints about alleged breaches of the Act.

The intention of the legislation is to allow associations to be autonomous in running their affairs. Fair Trading does not have the authority to get involved in internal matters.

Fair Trading cannot:

intervene in internal disputes within the association. The association’s constitution is required to have dispute resolution procedures which must be used to try and resolve the dispute.
intervene in matters governed by the association’s constitution. Breaches of the constitution are not the same as breaches of the legislation governing associations. Where disputes arise concerning the use or application of the constitution, the dispute resolution procedures included in the association’s constitution should be used.
provide legal advice or interpret the meaning of an association’s constitution or the Act.
investigate an alleged theft of association funds or other criminal matters. These are matters are for NSW Police.
provide advice regarding employment contracts, unfair dismissal, bullying and harassment at work. Depending on the nature of the issue, award or legislation you should seek assistance from the relevant governing body such as Fair Work Commission.

Before you make a complaint

Before making a complaint about an alleged breach of the Act, you must first take steps to resolve the issue with the parties involved. We will need proof that you tried to resolve the issue.

You should also check to ensure the entity is registered as an incorporated association using the Associations register.

Make a complaint about an alleged breach of the Act

Fair trading has powers under the Associations Incorporation Act 2009. We only review alleged breaches of the Act.

A complaint must include:

what part of the Act was breached and provide clear evidence to support it; and;
what action has been taken to resolve the issue, including the outcome from the use of the dispute resolution procedures within the association's constitution.

Make sure you can meet the above requirements before lodging a complaint.

Make a complaint

How Fair Trading will handle your complaint

Fair Trading will assess the complaint and supporting evidence against the requirements of the Act. This will determine if any action should be taken to ensure the association’s compliance.

You will receive an initial email acknowledging your complaint. Within 20 business days, you will be advised of one of the following outcomes:

No breach is evident. Based on the information available to Fair Trading a breach has not occurred, and no further action will be taken at this time; or
More information is required. Having reviewed the information available, Fair Trading requires additional supporting information from you and/or other parties, including the association; or
A breach is evident. There is sufficient evidence of a breach of the Act. Fair Trading will choose what action, including any formal action, needs to be taken based on its policies, the legislation and where there is serious risk to public trust and confidence in the sector.

Possible action may include educating the association to ensure compliance with the Act.

Action Fair Trading takes is usually confidential, and you may not be provided with details about the outcome.